F1 visa stamping

A

akay

New Member
Hello all,
I would like to put forth the problem my husband is having to get F1 visa. My husband was on H1 visa and was laid-off in June 2001. He then switched over to H4 status as a dependent on my H1 visa.He then became a full-time student in August 2002 and changed to F1 status. The problem we are facing now is we have to go to India in January 2004 and he has to get a F1 visa stamped in his passport. I heard from my company attorney that chances of getting a F1 visa stamping for my husband is very low as it will be difficult to prove 'non-immigrant' intent for F1 because:
1. He has earlier been on H1
2. Spouse is on H1 visa
3. Has a baby born in the US.

I am curious to know if anyone has experienced a smiliar situtation or has some suggestions for getting F1 visa. Please share your thoughts. Thank You.

Akay.
 
If you are still on H-1 and he had an approved H-4, why did he swith to F-1? He should have been able to attend college full time wiht H-4.

Having a kid born in the US does not disqualify him from the Consular officer from denying his visa. Their might be concers as to how he will pay for his education. The key point is that your husband should be able to convince the consular officer, that he will not stay in the US.

It's a tuff situation.....
 
Hello,

Thank You for your reply. The reason my husband decided to change to F1 status was because only then he would be eligible for funding/part-time jobs. On H4, he could not do that.

I think it is a tough situation too.

Thanks again.
 
You must log in or register to reply here.
Top